23/11/2022 – Jurisdiction Ontario
Part 80 published on 01/12/2022
CAT orders tenant to stop smoking cannabis
The Tribunal held that the tenant was smoking cannabis in contravention of the condominium corporation’s rules and ordered the tenant to stop smoking cannabis.
The Tribunal also held that the condominium’s Board of Directors had reasonably concluded that the tenant was not entitled to any accommodation due to alleged medical need to smoke cannabis. The Tribunal deferred to the Board’s decision on that issue. Although the tenant had provided a prescription for medical cannabis, this did not contain information about the nature of the disability for which an accommodation may be required, nor did it contain any information to suggest that the tenant had a medical need to smoke cannabis.
The Tribunal said:
When in search for reasonable accommodation, all parties have an obligation to engage and cooperate, meaning that in this case Ms. Ruiz also had a duty to participate in the process and respond to reasonable requests for information that may provide evidence of her needs and what a reasonable accommodation may look like. The evidence in front of me does not suggest that Ms. Ruiz has made any meaningful attempt to participate in the process required when seeking an accommodation.
Metropolitan Toronto Condominium Corporation No. 1002 v. Ruiz